Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This action is in response to the application filed on 12/19/2025 in which Claims 1-8 are pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,523,898. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitations are broader than the limitations disclosed in the patent.
Instant Application 19/426,733
Co-Pending Patent 12,523,898
1. A light-emitting device, comprising: a light source configured to emit an incident light; and an optical layer disposed to receive the incident light,
1. A light-emitting device configured to emit a light, comprising: a substrate; a plurality of scan lines disposed on the substrate and extending in a first direction perpendicular to a normal direction of the substrate; a light source module disposed under the substrate;
the optical layer comprising a plurality of light-blocking portions and a plurality of light-transmission portions arranged alternately, wherein the plurality of light-blocking portions extend along a first direction,
and a layer overlapped with the substrate disposed between the substrate and the light source module and comprising a plurality of light-blocking portions and a plurality of light-transmission portions arranged alternately, wherein the plurality of light-blocking portions extend in a second direction perpendicular to the normal direction of the substrate, and the second direction is neither parallel to nor perpendicular to the first direction
wherein a horizontal viewing direction is defined as a second direction, and an included angle formed between the first direction and the second direction is greater than 0 degree and less than or equal to 20 degrees, wherein a light emitted by the light-emitting device has a light intensity distribution according to various azimuth angles,
wherein, in a top view of the light-emitting device, a first angle is formed between the second direction in which the light-blocking portions extending and the first direction in which the scan lines extending, and the first angle is greater than 0 degree and less than or equal to 20 degrees, wherein the light emitted by the light-emitting device has a light intensity distribution,
the light intensity distribution has a first position with a first light intensity and a second position with a second light intensity,
the light intensity distribution has a first position with a first light intensity and a second position with a second light intensity,
the first position refers to a position where the azimuth angles between 135 degrees and 180 degrees, the second position refers to a position where the azimuth angles between 0 degree and 45 degrees, the first position and the second position are symmetrical relative to the azimuth angle of 90 degrees, and the first light intensity is different from the second light intensity.
the first position refers to a position in where an azimuth angle between 135 degrees and 180 degrees, the second position refers to a position in where the azimuth angle between 0 degree and 45 degrees, the first position and the second position are symmetrical relative to the azimuth angle of 90 degrees, and the first light intensity is different from the second light intensity.
Allowable Subject Matter
Claims 2-8 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/EBONI N GILES/Examiner, Art Unit 2622
/PATRICK N EDOUARD/Supervisory Patent Examiner, Art Unit 2622
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